House File 2242 - Introduced
HOUSE FILE
BY HUNTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the validity of marriages and providing for a
2 task force to review the issues faced by spouses.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6093HH 81
5 pf/je/5
PAG LIN
1 1 Section 1. Section 595.2, Code 2005, is amended to read as
1 2 follows:
1 3 595.2 GENDER == AGE.
1 4 1. Only a marriage between a male and a female is valid.
1 5 2. 1. Additionally, a A marriage between a male and a
1 6 female is valid only if each party is eighteen years of age or
1 7 older. However, if either or both of the parties have not
1 8 attained that age, the marriage may be valid under the
1 9 circumstances prescribed in this section.
1 10 3. 2. If either party to a marriage falsely represents
1 11 the party's self to be eighteen years of age or older at or
1 12 before the time the marriage is solemnized, the marriage is
1 13 valid unless the person who falsely represented their age
1 14 chooses to void the marriage by making their true age known
1 15 and verified by a birth certificate or other legal evidence of
1 16 age in an annulment proceeding initiated at any time before
1 17 the person reaches their eighteenth birthday. A child born of
1 18 a marriage voided under this subsection is legitimate.
1 19 4. 3. A marriage license may be issued to a male and a
1 20 female two parties, either or both of whom are sixteen or
1 21 seventeen years of age, if both of the following apply:
1 22 a. The parents of the underage party or parties certify in
1 23 writing that they consent to the marriage. If one of the
1 24 parents of any underage party to a proposed marriage is dead
1 25 or incompetent the certificate may be executed by the other
1 26 parent, if both parents are dead or incompetent the guardian
1 27 of the underage party may execute the certificate, and if the
1 28 parents are divorced the parent having legal custody may
1 29 execute the certificate; and.
1 30 b. The certificate of consent of the parents, parent, or
1 31 guardian is approved by a judge of the district court or, if
1 32 both parents of any underage party to a proposed marriage are
1 33 dead, incompetent, or cannot be located and the party has no
1 34 guardian, the proposed marriage is approved by a judge of the
1 35 district court. A judge shall grant approval under this
2 1 subsection only if the judge finds the underage party or
2 2 parties capable of assuming the responsibilities of marriage
2 3 and that the marriage will serve the best interest of the
2 4 underage party or parties. Pregnancy alone does not establish
2 5 that the proposed marriage is in the best interest of the
2 6 underage party or parties, however, if pregnancy is involved
2 7 the court records which pertain to the fact that the female a
2 8 party is pregnant shall be sealed and available only to the
2 9 parties to the marriage or proposed marriage or to any
2 10 interested party securing an order of the court.
2 11 5. 4. If a parent or guardian withholds consent, the
2 12 judge upon application of a party to a proposed marriage shall
2 13 determine if the consent has been unreasonably withheld. If
2 14 the judge so finds, the judge shall proceed to review the
2 15 application under subsection 4 3, paragraph "b".
2 16 Sec. 2. Section 595.19, subsection 2, Code 2005, is
2 17 amended to read as follows:
2 18 2. Marriages between persons either of whom has a husband
2 19 or wife spouse living are void, but, if the parties live and
2 20 cohabit together after the death or divorce of the former
2 21 husband or wife spouse, such marriage shall be valid.
2 22 Sec. 3. Section 595.20, Code 2005, is amended to read as
2 23 follows:
2 24 595.20 FOREIGN MARRIAGES == VALIDITY.
2 25 A marriage which is solemnized in any other state,
2 26 territory, country, or any foreign jurisdiction which is valid
2 27 in that state, territory, country, or other foreign
2 28 jurisdiction, is valid in this state if the parties meet the
2 29 requirements for validity pursuant to section 595.2,
2 30 subsection 1, and if the marriage would not otherwise be
2 31 declared void.
2 32 Sec. 4. TASK FORCE == SPOUSES. The legislative council is
2 33 requested to establish an interim task force to review the
2 34 issues faced by spouses including but not limited to property
2 35 rights, access to courts, parentage, inheritance, hospital or
3 1 health care facility visitation, health decisions, contract
3 2 rights, workplace benefits, insurance coverage, retirement
3 3 benefits, and other areas which require changes in the law to
3 4 reflect the provisions of this Act. The task force shall
3 5 include representatives of the legal profession, the courts,
3 6 the insurance industry, business and industry, labor,
3 7 consumers who are spouses as provided in this Act, and others
3 8 with interest or expertise in such areas. The task force
3 9 shall submit a report of recommendations concerning these
3 10 issues, including any recommendations for necessary
3 11 legislation, to the general assembly by January 1, 2007.
3 12 EXPLANATION
3 13 This bill eliminates the limitation that only marriage
3 14 between a male and a female is valid, provides for validity of
3 15 foreign marriages without such limitation, and makes other
3 16 conforming changes. The bill also requests that the
3 17 legislative council establish an interim task force to review
3 18 the issues faced by spouses as provided in the bill, including
3 19 but not limited to property rights, access to courts,
3 20 parentage, inheritance, hospital or health care facility
3 21 visitation, health decisions, contract rights, workplace
3 22 benefits, insurance coverage, retirement benefits, and other
3 23 areas which require changes in the law to reflect the
3 24 provisions of the bill. The task force is to include
3 25 representatives of the legal profession, the courts, the
3 26 insurance industry, business and industry, labor, consumers
3 27 who are spouses as provided in the bill, and others with
3 28 interest or expertise in such areas. The task force is
3 29 required to submit a report of recommendations concerning
3 30 these issues, including any recommendations for necessary
3 31 legislation, to the general assembly by January 1, 2007.
3 32 LSB 6093HH 81
3 33 pf:nh/je/5